HomeMy WebLinkAboutCC Resolution 7731 (Acura Building Master Use Permit)RESOLUTION NO. 7731
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
DENYING APPEAL OF MASTER USE PERMIT FOR ACURA BUILDING
1504-1522 Fourth Street
(UP88-14)
WHEREAS, application was made for the master use
permit for 1504-1522 Fourth Street and the merits of the use
permit application were considered by the Planning Commission
on March 29, 1988; and
WHEREAS, the Planning Commission considered the prepared
staff report and testimony of the applicant and one other person
testifying concerning the matter and, subsequently, approved
the use permit; and
WHEREAS, on April 1, 1988, appellants filed the appeal
alleging that the proposed project would result in major traffic
problems, inadequate outdoor parking, on -street parking of
damaged vehicles over the weekends, toxic materials close to
eating establishments, inadequate exiting, inadequate venting
of deadly toxic fumes and disapproval of surrounding property
owners; and
WHEREAS, the public hearing for City Council consideration
of said appeal was duly noticed and set for April 18, 1988,
at which time the City Council considered the staff report,
information from the applicant, testimony from the appellants
and all related matters concerning the master use permit and
appeal.
NOW, THEREFORE, BE IT RESOLVED that the City Council
finds that the Planning Commission approval of use permit 88-14
is upheld and the appellants' appeal is hereby denied with
findings that one of the appellants withdrew his participation
in the appeal, and that all of the appellants' bases for the
appeal have been found to be without merit in that the proposed
project is not in a major traffic congested area as determined
by the San Rafael General Plan 2000, adequate parking will
be provided for the project and insured through conditions
of approval, on -street parking of damaged cars is in violation
of conditions of the use permit, toxic materials will be handled
OR 164"' INA[
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RESOLUTION NO. 7731
consistent with the City's ordinances and all rules and regulations
of the Bay Area Air Quality Maintenance District and the California
Department of Health Services, the project will comply with
all Fire and Building Code requirements including those for
exiting, and no evidence was provided that there was significant
opposition to the proposed project from surrounding property
owners or tenants.
BE IT FURTHER RESOLVED that the City Council finds
as did the Planning Commission that the proposed project, as
conditioned, will not endanger the health, safety or welfare
of the surrounding neighborhood or the City of San Rafael as
a whole in that adequate parking is available and previous
similar uses have not had adverse impacts and that furthermore
the project is consistent with the C-2 (General Commercial)
DRD zoning district and the proposed General Plan land use
designation of Retail/Office Commercial in that auto sales
and service uses are conditionally permitted in such areas.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the Council
of said City on MONDAY , the SECOND day of MAY
1988, by the following vote, to wit:
AYES: COUNCILMEMBERS : Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : None
JE �•�E.
MLEONCI City Clerk